STATE Vs. ANANDA DESSAI

JUDGEMENT

(1.) This is an application made on behalf of the State under Section 439 of the Code of Criminal Procedure, praying for the reasons mentioned therein that the sentences imposed upon the accused Ananda Dessai and Chinnaya Puranmate be enhanced.

(2.) The accused Chinnaya Puranmate and Ananda Dessai were convicted on their own plea of guilty for two offences on different dates committed under Ss. 457 and 380 of the Indian Penal Code. The first offence they committed was during night time on 10th June 1967. The charge against them was that they had stolen gold ornaments and money valued at Rs. 1,428 from the house of the complainant 'Mauricio Pereira, by scaling over the house and committing house breaking. The second offence they committed at night time on 25th June 1967. The charge against them was that they stole a statue of God, valued at about Rs. 800, from the Maruti Temple at Cur-chorem by scaling over the temple and committing house breaking. The sentence imposed on the accused Chinnaya Puranmate for the offence that took place at night time on 10th June 1967 was six months' rigorous imprisonment and a fine of Rs. 200 or, in default, two months' further rigorous imprisonment. The accused Ananda Dessai, in view of his young age, was sentenced to two months' rigorous imprisonment and a fine of Rs. 100 or, in default, to undergo one month's rigorous imprisonment. As regards the second offence at night time on 25th June 1967, the accused Chinnaya Puranmate was sentenced to six months' rigorous imprisonment and a fine of Rs. 200 or, in default, to undergo two-months' rigorous imprisonment. The accused Ananda Dessai was sentenced to two months' rigorous imprisonment and a fine of Rs. 100 or, in default, to undergo one month's rigorous imprisonment. This lenient sentence was on the ground of his young, age, as in the other case, the learned Magistrate, while sentencing the accused for the offences that took place during the night on 25th June 1967, observed that the sentences imposed by him would run parallel with the sentences imposed by him in relation to the offences which took place at night time on 10th June, 1967. This part of the order and also the leniency of the sentences imposed made the State move this Court under Section 439, Criminal Procedure Code for enhancement of the sentences imposed.

(3.) Shri Gama, learned Public Prosecutor, observes that the order passed by the learned Magistrate directing that the sentences in the second case should run parallel with the sentences in the first case has not the authority of law and, consequently, was arbitrary in its nature. He also draws my attention to the following previous convictions of the two accused : Chinnaya Puranmate Court Date Section Sentence Jail and Jail Adm. No. Police Stn. and C. R. No. 1. J. M. F. C. Quepem 28-8-67 457, 380 I.P.C. 3 ms. R/I and fd. Rs. 100/-. I.d. one m. R/I. Sub. jail Quepem 155/67 Quepem 36/67 2. J. M. F. C. Quepem 28-8-67 457, 380 I.P.C. Con. one yr. R/I and fd. Rs. 200/- I.d. 2 ms. R/I. S. jail Quepem 155/67 Quepem 31/67 3. J. M. F. C. Quepem 5-9-67 380 I.P.C. 3 ms. R/I and fd. Rs. 100/- i.d. 1. m. R/I.S. J. Quepem Quepem 39/67 4. J. M. F. C. Margao 3-8-67 332 I.P.C. Rs. 50/- or 10 dys. S/I. Margao Central Jail 80/67 Margao 69/67 Ananda Dessai Court Date Section Sentence Jail and Jail Adm. No. Police Stn. and C. R. No. 1. J. M. F. C. Panaji 16-6-67 457, 380 2 wks R/I. Reis Magos Jail 61/67 Panjim Town 72/67 2. J. M. F. C. Quepem 28-8-67 457, 380 2 ms. /I and fd. Rs. 100/- i.d. 1 m. R/I.Quepem S. Jail 184/37 Quepem 36/67 3. J. M. F. C. Quepem 28-8-67 457, 380 I.P.C. 6 ms. R/I fd. Rs. 100/_ i.d. one m. R/I. Sub-Jail Quepem 184/67 Quepem 31/67